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The Motion Picture Association of America (MPAA) has filed their response to a motion by an user of Megaupload who wants his legal files back, after the US government, under the encouragement of the MPAA, raided and shuttered the file hosting website in January.
A few weeks ago, Kyle Goodwin, with the help of the Electronic Frontier Foundation (EFF), filed a motion asking for access to his stored legal files, and accused the government of being overzealous in their seizure of Megaupload files. "In seizing domain names and executing the search warrant at Carpathia, the government took constructive possession of third parties’ data, then abandoned the data under circumstances in which it was both inaccessible and potentially subject to destruction," the motion read.
This week, the MPAA has filed their response to the motion, and surprisingly, has backed the right of users to retrieve their files, but only under the right conditions.
Stating that the Megaupload user terms clearly warn of the possibility of losing access to one's stored files, the MPAA nevertheless will support any method that allows users to retrieve their legal files. "The MPAA Members are sympathetic to legitimate users who may have relied on Megaupload to store their legitimately acquired or created data, " read the MPAA's response.
However, the MPAA wants to ensure that only files that are "not files that have been illegally uploaded to their accounts" can be accessed, and that control of access should be maintained by the court, not by former staff or representatives of Megaupload.
These conditions though would ensure the existence of any retrieval system is unlikely, as the logistics involved in filtering and sorting through Megaupload's huge file archive an almost impossible task.
A few weeks ago, Kyle Goodwin, with the help of the Electronic Frontier Foundation (EFF), filed a motion asking for access to his stored legal files, and accused the government of being overzealous in their seizure of Megaupload files. "In seizing domain names and executing the search warrant at Carpathia, the government took constructive possession of third parties’ data, then abandoned the data under circumstances in which it was both inaccessible and potentially subject to destruction," the motion read.
This week, the MPAA has filed their response to the motion, and surprisingly, has backed the right of users to retrieve their files, but only under the right conditions.
Stating that the Megaupload user terms clearly warn of the possibility of losing access to one's stored files, the MPAA nevertheless will support any method that allows users to retrieve their legal files. "The MPAA Members are sympathetic to legitimate users who may have relied on Megaupload to store their legitimately acquired or created data, " read the MPAA's response.
However, the MPAA wants to ensure that only files that are "not files that have been illegally uploaded to their accounts" can be accessed, and that control of access should be maintained by the court, not by former staff or representatives of Megaupload.
These conditions though would ensure the existence of any retrieval system is unlikely, as the logistics involved in filtering and sorting through Megaupload's huge file archive an almost impossible task.